Federal Register / Vol. 76, No. 240 / Wednesday, December 14, 2011 / Rules and Regulations 77701 

Subpart X—Special Procedures When 

the Board Lacks a Quorum 

§ 102.178 Normal operations should 

continue. 

The policy of the National Labor 

Relations Board is that during any 

period when the Board lacks a quorum 

normal Agency operations should 

continue to the greatest extent permitted 

by law. 

§ 102.179 Motions for default judgment, 

summary judgment, or dismissal referred to 

Chief Administrative Law Judge. 

During any period when the Board 

lacks a quorum, all motions for default 

judgment, summary judgment, or 

dismissal filed or pending pursuant to 

§ 102.50 of this part shall be referred to 

the Chief Administrative Law Judge in 

Washington, DC, for ruling. Such 

rulings by the Chief Administrative Law 

Judge, and orders in connection 

therewith, shall not be appealed directly 

to the Board, but shall be considered by 

the Board in reviewing the record if 

exception to the ruling or order is 

included in the statement of exceptions 

filed with the Board pursuant to 

§ 102.46 of this part. 

§ 102.180 Requests for special permission 

to appeal referred to Chief Administrative 

Law Judge. 

During any period when the Board 

lacks a quorum, any request for special 

permission to appeal filed or pending 

pursuant to § 102.26 of this part shall be 

referred to the Chief Administrative Law 

Judge in Washington, DC, for ruling. 

Such rulings by the Chief 

Administrative Law Judge, and orders in 

connection therewith, shall not be 

appealed directly to the Board, but shall 

be considered by the Board in reviewing 

the record if exception to the ruling or 

order is included in the statement of 

exceptions filed with the Board 

pursuant to § 102.46. 

§ 102.181 Administrative and procedural 

requests referred to Executive Secretary. 

During any period when the Board 

lacks a quorum, administrative and 

procedural requests that would 

normally be filed with the Office of the 

Executive Secretary for decision by the 

Board prior to the filing of a request for 

review under § 102.67 of this part, or 

exceptions under §§ 102.46 and 102.69 

of this part, shall be referred to the 

Executive Secretary for ruling. Such 

rulings by the Executive Secretary, and 

orders in connection therewith, shall 

not be appealed directly to the Board, 

but shall be considered by the Board if 

such matters are raised by a party in its 

request for review or exceptions. 

Signed in Washington, DC, on December 8, 

2011. 

Mark Gaston Pearce, 

Chairman. 

[FR Doc. 2011–32085 Filed 12–13–11; 8:45 am] 

BILLING CODE P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 and Part 70 

[EPA–R07–OAR–2011–0822; FRL–9505–8] 

Approval and Promulgation of 

Implementation Plans; State of 

Missouri 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final 

action to approve a revision to the 

Missouri State Implementation Plan 

(SIP) and Operating Permits Program. 

EPA is approving a revision to the 

Missouri rule entitled ‘‘Submission of 

Emission Data, Emission Fees and 

Process Information.’’ These revisions 

align the State’s reporting requirements 

with the Federal Air Emissions 

Reporting Requirements Rule (AERR). 

DATES: This direct final rule will be 

effective February 13, 2012, without 

further notice, unless EPA receives 

adverse comment by January 13, 2012. 

If EPA receives adverse comment, we 

will publish a timely withdrawal of the 

direct final rule in the Federal Register 

informing the public that the rule will 

not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R07– 

OAR–2011–0822, by one of the 

following methods: 

1. http://www.regulations.gov. Follow 

the on-line instructions for submitting 

comments. 

2. Email: bhesania.amy@epa.gov. 

3. Mail or Hand Delivery: Amy 

Bhesania, Environmental Protection 

Agency, Air Planning and Development 

Branch, 901 North 5th Street, Kansas 

City, Kansas 66101. 

Instructions: Direct your comments to 

Docket ID No. EPA–R07–OAR–2011– 

0822. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit through http:// 

www.regulations.gov or email 

information that you consider to be CBI 

or otherwise protected. The http:// 

www.regulations.gov Web site is an 

‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an email comment directly 

to EPA without going through http:// 

www.regulations.gov, your email 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. 

Docket: All documents in the docket 

are listed in the http:// 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, i.e., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

will be publicly available only in hard 

copy form. Publicly available docket 

materials are available either 

electronically in http:// 

www.regulations.gov or in hard copy at 

the Environmental Protection Agency, 

Air Planning and Development Branch, 

901 North 5th Street, Kansas City, 

Kansas 66101. The Regional Office’s 

official hours of business are Monday 

through Friday, 8 to 4:30 excluding 

Federal holidays. The interested persons 

wanting to examine these documents 

should make an appointment with the 

office at least 24 hours in advance. 

FOR FURTHER INFORMATION CONTACT: 

Amy Bhesania at (913) 551–7147, or by 

email at bhesania.amy@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document ‘‘we,’’ ‘‘us,’’ 

or ‘‘our’’ refer to EPA. 

Outline 

I. What is being addressed in this document? 

II. What action is EPA taking? 

I. What is being addressed in this 

document? 

EPA is approving revisions to the 

Missouri SIP and Operating Permits 

Program submitted to EPA on August 

31, 2010. On December 17, 2008, EPA 

finalized the Air Emissions Reporting 

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77702 Federal Register / Vol. 76, No. 240 / Wednesday, December 14, 2011 / Rules and Regulations 

Requirements Rule (AERR). This rule 

outlines EPA’s emission inventory 

reporting requirements. In the December 

17, 2008 action, EPA consolidated, 

reduced and simplified the current 

requirements; added limited new 

requirements; provided additional 

flexibility to the states in the ways they 

collect and report emissions data; and 

accelerated the reporting of emissions 

data to EPA by state and local agencies. 

Revisions to the SIP amend 10 CSR 10– 

6.110 Submission of Emission Data, 

Emission Fees and Process Information 

to align the State’s Air Pollution Control 

Program reporting requirements with 

EPA’s reporting requirements. 

Specifically, the State moved the 

Emissions Inventory Questionnaire 

(EIQ) due date from June 1 to April 1; 

codified several long-standing practices 

for items such as initial EIQ reporting 

periods for partial year operation and 

reporting thresholds for required 

pollutants; added definitions; and 

clarified record keeping and reporting 

requirements. The State retained the 

emission fee at $40.00 and the fee 

payment due date of June 1, but 

recodified this section to section (3)(A), 

Emissions Fees from Section (3)(D). No 

changes are being made to the 

Emissions Fees, which is an integral 

part of the Title V operating permit 

program, but not approved as part of the 

SIP. Missouri’s amendments ensure that 

their reporting requirements align with 

EPA’s AERR. EPA has conducted an 

analysis of the State’s amendments and 

concluded that these do not adversely 

affect the stringency of the SIP. 

What action is EPA taking? 

EPA is approving the request to 

amend the Missouri SIP and operating 

permits program by approving the 

State’s request to amend 10 CSR 10– 

6.110 Submission of Emission Data, 

Emission Fees and Process Information 

to align the State’s rule with EPA’s 

reporting requirements. Approval of 

these revisions will ensure consistency 

between state and Federally-approved 

rules. EPA has determined that these 

changes will not relax the SIP or 

adversely impact air emissions. 

We are processing this action as a 

direct final action because the revisions 

make routine changes to the existing 

rules which are noncontroversial. 

Therefore, we do not anticipate any 

adverse comments. Please note that if 

EPA receives adverse comment on part 

of this rule and if that part can be 

severed from the remainder of the rule, 

EPA may adopt as final those parts of 

the rule that are not the subject of an 

adverse comment. 

Statutory and Executive Order Reviews 

Under the Clean Air Act (CAA), the 

Administrator is required to approve a 

SIP submission that complies with the 

provisions of the Act and applicable 

Federal regulations. 42 U.S.C. 7410(k); 

40 CFR 52.02(a). Thus, in reviewing SIP 

submissions, EPA’s role is to approve 

state choices, provided that they meet 

the criteria of the CAA. Accordingly, 

this action merely approves state law as 

meeting Federal requirements and does 

not impose additional requirements 

beyond those imposed by state law. For 

that reason, this action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act 

(44 U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act 

(5 U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the Clean Air Act; 

and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this rule does not have 

Tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the state, and EPA notes that 

it will not impose substantial direct 

costs on Tribal governments or preempt 

Tribal law. 

The Congressional Review Act, 

5 U.S.C. 801 et seq., as added by the 

Small Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this action and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

Under section 307(b)(1) of the CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by February 13, 2012. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

affect the finality of this action for the 

purposes of judicial review nor does it 

extend the time within which a petition 

for judicial review may be filed, and 

shall not postpone the effectiveness of 

such rule or action. Parties with 

objections to this direct final rule are 

encouraged to file a comment in 

response to the parallel notice of 

proposed rulemaking for this action 

published in the proposed rules section 

of today’s Federal Register, rather than 

file an immediate petition for judicial 

review of this direct final rule, so that 

EPA can withdraw this direct final rule 

and address the comment in the 

proposed rulemaking. This action may 

not be challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects 

40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

40 CFR Part 70 

Administrative practice and 

procedure, Air pollution control, 

Intergovernmental relations, Operating 

permits, Reporting and recordkeeping 

requirements. 

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Federal Register / Vol. 76, No. 240 / Wednesday, December 14, 2011 / Rules and Regulations 77703 

Dated: November 28, 2011. 

Karl Brooks, 

Regional Administrator, Region 7. 

Chapter I, title 40 of the Code of 

Federal Regulations is amended as 

follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart AA—Missouri 

■ 2. In § 52.1320 the table in paragraph 

(c) is amended by revising entry for 10– 

6.110 to read as follows: 

§ 52.1320 Identification of plan. 

* * * * * 

(c) * * * 

EPA-APPROVED MISSOURI REGULATIONS

Missouri citation Title State effective 

date EPA approval date Explanation 

Missouri Department of Natural Resources 

*******

Chapter 6—Air Quality Standards, Definitions, Sampling and Reference Methods, and Air Pollution Control Regulations for the State of 

Missouri 

*******

10–6.110 ................................. Submission of Emission Data, 

Emission Fees, and Process Information.

09/30/2010 12/14/2011 [insert FR page 

number where the document begins].

Section (3)(A), Emissions 

Fees, has not been approved as part of the SIP 

*******

* * * * * 

PART 70—[AMENDED] 

■ 3. The authority citation for part 70 

continues to read as follows: 

Authority: 42 U.S.C. 7401, et seq. 

Appendix A—[Amended] 

■ 4. Appendix A to part 70 is amended 

by revising paragraph (v) under 

Missouri to read as follows: 

Appendix A to Part 70—Approval Status of 

State and Local Operating Permits Programs 

* * * * * 

Missouri 

* * * * * 

(v) The Missouri Department of Natural 

Resources submitted revisions to Missouri 

rule 10 CSR 10–6.110, ‘‘Submission of 

Emission Data, Emission Fees, and Process 

Information’’ on August 31, 2010; approval of 

section (3)(A) effective February 13, 2012. 

* * * * * 

[FR Doc. 2011–31919 Filed 12–13–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2010–0916; FRL–9327–7] 

Hexythiazox; Pesticide Tolerances 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes 

new tolerances and revises existing 

tolerances for residues of hexythiazox in 

or on multiple commodities which are 

identified and discussed later in this 

document. Gowan Company and the 

Interregional Research Project Number 4 

(IR–4) requested the tolerances under 

the Federal Food, Drug, and Cosmetic 

Act (FFDCA). 

DATES: This regulation is effective 

December 14, 2011. Objections and 

requests for hearings must be received 

on or before February 13, 2012, and 

must be filed in accordance with the 

instructions provided in 40 CFR part 

178 (see also Unit I.C. of the 

SUPPLEMENTARY INFORMATION). 

ADDRESSES: EPA has established a 

docket for this action under docket 

identification (ID) number EPA–HQ– 

OPP–2010–0916. All documents in the 

docket are listed in the docket index 

available at http://www.regulations.gov. 

Although listed in the index, some 

information is not publicly available, 

e.g., Confidential Business Information 

(CBI) or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available in the electronic docket at 

http://www.regulations.gov, or, if only 

available in hard copy, at the OPP 

Regulatory Public Docket in Rm. S– 

4400, One Potomac Yard (South Bldg.), 

2777 S. Crystal Dr., Arlington, VA. The 

Docket Facility is open from 8:30 a.m. 

to 4 p.m., Monday through Friday, 

excluding legal holidays. The Docket 

Facility telephone number is (703) 305– 

5805. 

FOR FURTHER INFORMATION CONTACT: Olga 

Odiott, Registration Division (7505P), 

Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW., Washington, 

DC 20460–0001; telephone number: 

(703) 308–9369; email address: 

odiott.olga@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this action apply to me? 

You may be potentially affected by 

this action if you are an agricultural 

producer, food manufacturer, or 

pesticide manufacturer. Potentially 

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